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(영문) 서울서부지방법원 2020.07.16 2019가합35230
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 10, 2018, C Co., Ltd. (hereinafter “C”) issued, on March 11, 2019, an electronic bill with the face value of KRW 500 million (hereinafter “first bill”), G with the face value of the bill, and an electronic bill with the face value of KRW 300 million (hereinafter “second bill”).

B. On October 11, 2018, E endorsed and transferred the bill No. 1 to H in KRW 100 million (division number 1), KRW 200 million (division number 2), KRW 200 million (division number 3), and the bill No. 2 in KRW 150 million (division number 1 and 2) respectively.

On October 11, 2018, H transferred to the Plaintiff the No. 1 Bill No. 2, the amount of the Promissory Notes No. 2, and the amount of the Promissory Notes No. 200 million to the Plaintiff without collateral endorsement. On March 4, 2019, H transferred to the Plaintiff the No. 1 Bill No. 1 and the amount of the Promissory Notes No. 1 and the amount of

(hereinafter the Plaintiff’s each electronic bill, each of which was endorsed by H, together, (hereinafter “instant bill”).

The Plaintiff presented each of the instant bills at the I Station, Inc., the payment bank, but was rejected on the ground of default.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, 5, and 6 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s summary of the Plaintiff’s assertion lent KRW 300 million to the Defendant via H on October 11, 2018.

At the time, the Defendant sought a discount from the Plaintiff, but the Plaintiff leased KRW 300 million to the Defendant on the ground that the Defendant was unable to make an endorsement, and received endorsement and transfer of the Promissory Notes from H for its collateral.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 300 million and interest or delay damages from November 1, 2018.

B. The fact that constitutes the requirement that generates the right to the relevant legal doctrine is established.

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